HomeMy WebLinkAboutOrdinance 98.07 Changing the zoning on property owned by Vistoso Verdi LP
MARANA ORDINANCE NO. 98.07
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, CHANGING THE ZONING OF APPROXIMATELY 33.7 ACRES OF PROPERTY
OWNED BY VISTOSO VERDE, LP AND LOCATED APPROXIMATELY 1/4 MILE NORTH
OF MOORE ROAD AND EAST OF THE THORNYDALE ROAD ALIGNMENT IN THE WEST
~ OF SECTION 29, AND THE EAST 12 OF SECTION 30, TOWNSHIP 11 SOUTH, RANGE 13
EAST, ASSESSOR'S PARCEL NUMBERS 219-30-07, 219-31-02, 219-31-03, 219-31-04 AND
219-31-05 FROM "ZONE C" (LARGE LOT, MINIMUM LOT SIZE 25 ACRES) TO "ZONE R-
16" (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT AREA 16,000 SQ. FT.).
WHEREAS, Vistoso Verde, LP is the owner of approximately 75.2 acres ofland located
approximately 1/4 mile north of Moore Road and east ofthe Thomydale Road Alignment in the west
~ of Section 29, Township 11 South, Range 13 East, Assessor's Parcel Numbers 219-30-07,219-31-
02,219-31-03,219-31-04 and 219-31-05; and
WHEREAS, the Owner, through the Applicant, The Planning Center, previously applied to
the Town of Marana to change the zoning of the entire 75.2 acres from "Zone C" (Large Lot,
Minimum Lot Size 25 Acres) to "Zone R-144" (Single Family Residential, Minimum Lot Area
144,000 Sq. Ft.), described more fully in attached Exhibit A, "Zone R-36" (Single Family
Residential, Minimum Lot Area 36,000 Sq. Ft.), described more fully in attached Exhibit B, and
"Zone R-16" (Single Family Residential, Minimum Lot Area 16,000 Sq. Ft.), described more fully
in attached Exhibit C; and
WHEREAS, the Marana Planning Commission held a public hearing on a rezoning request
on the entire 75.2 acres on January 14, 1998, and following this public hearing voted 6-1 to
recommend that the Town Council deny the request for rezoning of the property; and
WHEREAS, the Town Council ofthe Town ofMarana held a public hearing on the rezoning
request on March 17, 1998, to obtain public input on the request for a change of zoning, and heard
from staff, the representative ofthe owner, and members of the public; and
WHEREAS, following the public hearing the Applicant requested an amendment to the
original zoning request, effectively withdrawing the request for the change in zoning for 41.5 acres
relating to the "Zone R-144" (Single Family Residential, Minimum Lot Area 144,000 Sq. Ft) and
"Zone R-36" (Single Family Residential, Minimum Lot Area 36,000 Sq. Ft.), and asking only to
change the zoning of3 3.7 acres from "Zone C" (Large Lot Zone, minimum lot size 25 acres) to "Zone
R-16" (Single Family Residential, Minimum Lot Area 16,000 Sq. Ft.)
,"'......."
WHEREAS, the Town Council ofthe Town of Maran a, Arizona again held a public hearing
on the amended request and has determined that the amended request is in compliance with the
Marana, Arizona Ordinance 98.07
Page 1 of 4
General Plan ofthe Town of Maran a, and the property should be rezoned, with conditions as agreed
to by the Applicant.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a,
Arizona as follows:
Section 1. The zoning of approximately 33.7 acres ofland located approximately 1/4 mile north
of Moore Road and East ofthe Thomydale Road Alignment in the west ~ of Section 29, and the east
~ of Section 30, Township 11 South, Range 13 East, Assessor's Parcel Numbers 219-30-07, 219-31-
02, 219- 31-03, 219-31-04 and 219-31-05, and more particularly described in the legal description and
map attached hereto as Exhibit A, is hereby changed from "Zone C" (Large Lot Zone, minimum lot
size 25 acres) to "Zone R-16" (Single Family Residential, Minimum Lot Area 16,000 Sq. Ft.), subject
to the following conditions:
1. Prior to the acceptance ofthe preliminary plat, a traffic impact analysis (TIA) and a hydrology
study, conducted to the satisfaction of the Town, shall be completed by the Developer and
submitted to the Town Engineer. The final plat shall reflect the Developer's obligation to
construct all on-site improvements shown to be necessary by these studies. The Developer
shall be responsible for its proportionate share of the construction of off-site improvements
identified as necessary in the TIA and hydrology study and shall post sufficient assurances
to cover the cost of completion of those improvements.
2. Prior to the acceptance of the preliminary plat, the roadway surface and sub-base of (1)
Thomydale Road north of Moore Road, and, (2) Moore Road east to La Cholla Boulevard,
shall be tested and rated to the Town's satisfaction to determine the adequacy of existing
roadway surface and sub-base. The final plat shall reflect the Developer's obligation to
construct all on-site improvements shown to be necessary by these studies. The Developer
shall be responsible for its proportionate share of the construction of off-site improvements
identified as necessary in the studies and shall post sufficient assurances to cover the cost of
completion of those improvements.
3. Prior to the acceptance of the preliminary plat, a right-of-way analysis and drawing for
Thomydale Road from Tangerine Road north and along the west property boundary shall be
provided by the Developer. The analysis will include identification of current rights-of-way,
location, and access to property.
4. Unless private streets are proposed and accepted by the Town, the Developer shall dedicate
all necessary rights-of-way by the final plat or other method acceptable to the Town.
5. All on-site and off-site streets shall be designed as all-weather access routes and constructed
to public standards as set forth by the Town.
Marana, Arizona Ordinance 98.07
Page 2 of 4
5. All on-site and off-site streets shall be designed as all-weather access routes and constructed
to public standards as set forth by the Town.
6. Prior to the acceptance of the preliminary plat, provisions for continued access to parcels to
the north of the proposed development must be provided and accepted by the Town.
7. All lots developed on the property shall be on a public sewer system and not on a septic
system, and no building permit shall issue unless public sewer is provided.
8. The Developer shall provide, to the Town's satisfaction, for protection from development of
the ridge adjacent to the rezoned property.
9. The Developer shall provide a one (1) acre minimum lot size for all lots abutting the east
property line and shall maintain a one hundred (100') foot natural, undisturbed buffer along
that same line. The Developer shall file Covenants, Conditions, and Restrictions or other
assurances acceptable to the Town to assure that this buffer will be maintained.
10. The property described in Exhibit A shall be annexed into a fire district prior to the sale of any
lots.
11. The provisions of this rezone ordinance will remain in full force and effect for a period of three
(3) years. If the Developer/Owner has not satisfied all conditions outlined above (conditions
7, 8, 9, and 10 may be satisfied by the recording of a covenant in favor of the Town and
running with the land), within three (3) years from the date of adoption of this Ordinance, the
zoning on the property shall revert to the original "Zone C." The Developer/Owner shall be
responsible for obtaining, prior to the expiration of the three (3) year period, a written
assurance from the Town Engineer that these conditions have been met in a manner acceptable
to the town. Without this written assurance, the zoning shall automatically revert without
further action by the Town.
Section 2. All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof
Marana, Arizona Ordinance 98.07
Page 3 of 4
PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this
7th day of April, 1998.
Marana, Arizona Ordinance 98.07
Page 4 of 4
ifj,aor v,d M"ftJ.L
EXHIBIT A
ZoaiDa Distric:t: R -16
AD that certIift.. poperty. situate m tbe Coumy of Pima, State of ~ beiDa a pm of tile
west baJf of SectioD 29 aDd me easl half ofSeetioD. 30, ToWDSbip 11 South, Raage 13 ~
. G.4S.11B.~, more panicuJIrly cfcscribcd as ib1Iows:
BeginDiDg at the quarter comer cominon to Slid Sectioas 29 aDd 30;
Thcnc:c North 89 Ikgrccs, 56 Mm~ 58 Secoads ~ a distance of7S.00 feet to a point on the
easta1y right-of.way tiDe otThomydale Road, said poim being the TRUE POINT OF .
BEGINNING;
'IbeDce North 00 Degrees. 03 Vmllt~ 01 Seco~, West, along said right-of.way line. a.distanCe
ot214.07 feet to a point 011 said rip-of.way line;
Theace South 81 DepJes, 18 MiDutes. 32 Sec:oDds East. a ~ of301.73 fc:ct to a ~
TheDce South 8' Desr-s, 22 Miautcs, 01 Seconds East. a distaDce of 105.67 feet to a point;
. TbeDce South 84 Degrees. SO )1gn1t~ 04 Secoads East, a distance of 100.S 1 feet to a. point;
~ South .85 Degrees. S 1 ~It~ 20 ~, East, a distance of 160.69 feet to a point;
1'balce North 77 DepJes, 41 Mim1tes, 15 Seconds East. a distance of200.83 feet to a pomt;
ThcDce North 66 Desr-s, 38 MiDutes, 44 SecoDds East, a distaDce of 9S.22 feet to a point;
Thcnc:e North 65 Degr~ 30 MiDutes, 53 Sc:coDds East, a distance of 108.5 lfeet to a point;
Tbc:nco North 71 Desr-s, 45 M"~ 28 Secoad$ East, a distance of 114.68 feec to a point;
Thmce North 1I'.DeIfees. 19 MiDrta,. 04 ~$ East, a distance 0(86.08 feet to a poiDt 011 the
ast liDe oftbe west quarter. of Aid ~ 29;
ThaIcc DJthcrIy aIoDg said ease line, South 00 Desrees, 03 Minutes, 33 Secoads East, a distulce
of341.21 Ceer to a poiDt OIl me east..west mid--secxioD IiDe of said SectioD 29;
Theace South 00 Degrees, 04 Miun~ 04 Seconds East, a distiDce of 1319.95 feet to a. point;
Thence South 89 Desr-s. 40 Minutes, 15 Secoads West, a distace of9J 8.89 feet to a poial;
'I'heI1ce Nordl 00 Desr-s, 03 MiDuta. 56 Seconds West. a ~ of1319.47 feet to a point on
said mid-section ~ .
_ TbeDce South 89 Degrees. 38 MiDuta. 29 Seconds West, a distanee of 31C.OO ~ more or less,
to the TllUB POINT OF BEGlNNlNG.
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oRD 98.07